Intel Corporation v. Future Link Systems, LLC, C.A. No. 14-377-LPS, August 5, 2015
Stark, C. J. relief requested by plaintiff regarding early summary judgment proceedings relating to defendant’s license defense is granted. Relief requested by defendant is denied.
Plaintiff seeks an order compelling defendant to supplement its contentions regarding its license defense to provide the detail for claiming plaintiff is not licensed. Defendant may not avoid its obligations merely by complaining that plaintiff’s document responses and production were deficient. Defendant may supplement, but will be barred after that supplementation date from raising in its early summary judgment briefing any additional arguments it could reasonably have raised before this date. Defendant must explain why it believes products do not fall under the license agreement. The court denies defendant’s argument that plaintiff’s license claim is not suitable for early summary judgment and that plaintiff should not be permitted to supplement its contentions. A schedule for supplementation is ordered.